Officer Testifies He Did Not See Flinn Hit Suspect in Head

An Oxnard police officer testified Tuesday that he never saw fellow Officer Robert Flinn strike a robbery suspect in the head with a flashlight after a chase last year, although he acknowledged that he turned away briefly during the arrest.

The testimony of Officer Victor Boswell stands in sharp contrast to statements made in court last week by former Oxnard Police Officer David Hawtin.

Breaking police ranks in the brutality case, Hawtin told jurors that he saw Flinn knock 30-year-old Juan Lopez across the head with the flashlight as the suspect was surrendering to authorities.

But Boswell, who was standing nearby when Flinn apprehended the fleeing Lopez, said he never saw the officer strike the suspect.

“I’ve had a year to think about this and I recall the incident,” Boswell testified during an antagonistic cross-examination by Deputy Dist. Atty. Michael K. Frawley.

Flinn, 29, is charged with four counts of assault under color of authority for allegedly beating Lopez on Jan. 27, 1996, and kicking another man, Victor Aguiar, in the face in December 1995.

In his opening statement, Frawley told jurors that officers, including Boswell, would lie on the witness stand to shield Flinn, a five-year veteran of the force and a member of the department’s SWAT team.

During harsh questioning, Frawley asked Boswell about the arrest of Lopez and finally accused him of guarding information to benefit the defendant.

“You want to do everything you can to protect Mr. Flinn, don’t you?” Frawley asked at one point.

“You mean that day?” Boswell responded.

“No,” Frawley said, “right now.”

“No,” Boswell said.

Boswell testified that he saw Flinn grab Lopez as he was attempting to run from police in a residential area of Oxnard.

Flinn and Lopez were facing each other and “doing a little dance” as the suspect attempted to dodge Flinn, Boswell said.

Then, Boswell said, his attention was diverted by the sound of an approaching police car. When he turned back around, Lopez was lying on the ground, and he did not know how he had gotten in that position, Boswell testified.

Boswell said he did not know whether Flinn hit Lopez. He said he never saw the officer pull out his flashlight. And he said he did not know why Lopez was bleeding from the head a few moments later.

“Did you ever hear Mr. Flinn say, ‘I had to hit him’ ?” Frawley asked.

“I never heard him say that,” Boswell replied.

During re-direct examination, defense attorney William Hadden bluntly asked Boswell whether he was lying.

“Did you tell us today what you saw?” Hadden asked. “Are you telling the truth?”

“Yes, I am,” Boswell said matter-of-factly.

The differing testimony of the two officers at the scene of the arrest adds another issue to the case, which is expected to be given to the jury this week.

Frawley has told the jury that, with the exception of Hawtin, police testimony in the case is not reliable because Flinn’s fellow officers want to protect him.

But Hadden has told jurors that the testimony of Hawtin and Lopez, who identified Flinn in court as the man who beat him, cannot be trusted.

Lopez identified Flinn, but the other victim, Aguiar, was unable to identify the officer seated in a dark suit at the defense table.

Flinn is on leave from the department and has pleaded not guilty to the four charges.